Communal Chart

In France the communal chart is a Document of simplified town planning whose can obtain a commune which does not have one of a Local plan of town planning or a document by holding place. It determines the modes of enforcement of the general rules of the national Règlement of town planning, and is defined in the articles L. 124-1 and following, R. 124-1 and following of the Code of town planning.

The communal chart can relate to whole or part of the communal territory. It can also be elaborate on the level of a inter-commune structure.

History

At the end of the years the 1970 first communal charts are a practical instrument for the State and the common S in order to make easier the application of the national Règlement of town planning (RNU). The provisions for the permissive majority of the RNU require an examination on a case-by-case basis and a tool appeared necessary to avoid the risk of arbitrary decisions.

They appeared following a policy known as anti consistent Mitage not to let build on all the communal territory in order not to increase the loads of the community inconsiderately: extension of the networks, road maintenance, winter viability, school bus service etc, and to allow to protect the rural natural framework. Rules of the game thus appeared necessary to avoid the disparities.

These communal charts were not based then on any legal base, and were often cancelled by the administrative judge.

The communal charts acquire a legislative base thanks to a document named Modes of enforcement of the national payment of town planning (MARNU), created by the law of January 7th, 1983. The MARNU are worked out by the commune and the State, and are approved by deliberation of the Municipal council and order of the prefect and have one period of four years validity

The law SRU will remove the MARNU and will replace them by new town planning, the “ communal charts ”. Those Ci present two essential differences compared to the preceding MARNU: they have a permanent validity (but can be revised according to the evolution of the needs), and are approved after a Public survey.

In addition, they can open right to a Right of pre-emption.

Development

The development of the communal chart is generally carried out by a research department, acting under the joint authority of the Maire and the State.

The initiative returns from there to the Municipal council. However, if the commune is adherent of a public corporation of inter-commune co-operation (EPCI) qualified as regards town planning, it is this one which carries out the procedure instead of the commune, with the agreement of its council.

Once the finished studies, the project of communal chart is subjected to Public survey by the Mayor. Within sight of the report/ratio of the investigating police chief, the Municipal council deliberates to approve the project, and to ask the Prefect to do as much of it.

The communal chart must be compatible with many documents of town planning listed with the article, and respect the great principles of the right of town planning defined in the aricles and Code of town planning.

The file of the communal chart includes/understands:

the introductory report, which:

Analysis the initial state of the environment and exposes the forecasts of development, in particular out of economic material and demographic ;

Explains the choices selected, in particular taking into consideration principle and objective defined in the articles L. 110 and L. 121-1, for the delimitation of the sectors where constructions are authorized; in the event of revision, it justifies, if necessary, the changes brought to these delimitations ;

Evaluates the incidences of the choices of the communal chart on the environment and exposes the way in which the chart takes into account the preoccupation of its safeguarding and a its development ;

the graphic documents, which:

delimits the sectors where constructions are authorized and those where constructions are not authorized, except for the adaptation, of the change of destination, the repair or the extension of existing constructions or constructions and installations necessary for utility services, the farm or forest and the development of the natural resources .
specifies possibly that a sector is reserved for the establishment of activities, in particular those which are incompatible with the vicinity of the inhabited areas .
In mountainous area, they indicate, if necessary, the water levels of low importance to which it is decided to make application of the eighth subparagraph of the article L. 145-5.
They delimit, if it is necessary, the sectors in which the rebuilding with identical of a building destroyed by a disaster is not authorized

Contrary to the Local plan of town planning, the communal chart does not comprise a payment, and it is thus the national Règlement of town planning which applies.

Effects

By delimiting the constructible zones, the communal chart allows the community and the landowners to free from the Règle of limited constructibility.

It also allows the institution of the urban Right of pre-emption (DPU) on sectors of the commune with an aim of carrying out an installation or equipment. The right of pre-emption makes it possible on sale to become purchaser of one ground at the time of his setting.

Finally the approval of the communal chart makes it possible the commune of obtain competence to deliver the authorizations of town planning instead of the State. However this transfer is not automatic, it must be decided by the municipal council.

Revision

Even if the communal chart is adapted to the territories which do not know particular land pressure, it can be necessary to revise this document of planning periodically. These revisions are done in the same forms as the initial development of the communal Chart

Notes and references of the article